Disease Aware Issue 7
Welcome to another edition of Keoghs’ regular Disease AWARE.
This edition very much has one eye on the future of disease litigation, with the other looking back on the changing litigation landscape. I certainly hope you find it informative.
We are also introducing a new spotlight feature for this publication (and future editions), giving our readers a glimpse into the separate teams that comprise our larger disease team, highlighting the type of work they do and the outcomes achieved for our clients.
I end by once again expressing my thanks to all contributors who continue to ensure the success of the publication.
The UK’s care and nursing sector has never been more under the media and public spotlight. Keoghs’ care team brings a cross-disciplinary approach to the handling of allegations made against industry members and through anecdotal experience is able to advise on how serious issues might be avoided in the future.
The current flood of deafness claims shows little sign of abating and the quality of claims show an inverse relationship to the volume. Minds have reasonably moved on to consider the potential challenges to the growing number of claims.
New rules introduced by the government impose an increased fee for the commencement of proceedings for the recovery of compensation - 5% of the claim value for claims worth more than £10,000, capped at a maximum of £10,000.
Disease claims are on the rise, fuelled by (but not exclusively) deafness claims. As they increase, so do the number of spurious and fraudulent claims as fraudsters seek new opportunities in non-motor areas.
Insurers and their solicitors may see schedules of loss which include claims for the cost of private medical healthcare provided to the claimant. This is usually a private health insurer bringing a subrogated claim under their contract with the claimant.
Graphene has been termed a ‘miracle material’ and is very much at the forefront of developing nanotechnology. A single sheet of 1m², weighing less than a cat’s whisker, can support the weight of a 4kg cat. But does this magical innovation come with a deadly bite...
Following the introduction of LASPO, Keoghs has identified an increase in the number of claimants alleging to have suffered tinnitus as a result of a road traffic accident. Whilst some experts suggest that there is a causal link between whiplash and tinnitus, it is not always the case, particularly in low impact collisions.
Issues concerning depravation of liberty in care homes claims
Qualified One-Way Costs Shifting (QOCS) is now firmly embedded in the litigation process...as a result of the changes there is a clear shift in the behaviours of claimants and their solicitors.